3,464 results for 'cat:"Evidence"'.
J. Pickett finds that the trial court properly found the truck driver and his employer at fault for the injuries the wife sustained in a car collision. The truck driver, his employer and their insurance company argue that the trial court erred when it did not allow impeachment evidence in the form of a private investigator's video of the wife sitting in a car for 50 minutes, which they say would negate the wife's testimony that she could not sit for more than 30 minutes. However, the private investigator recorded the video during the trial and after the parties agreed to end discovery, so admitting such evidence would cause an undue delay. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: May 22, 2024, Case #: CA-23-301, Categories: evidence, Vehicle, Discovery
J. Wilkin finds the lower court properly granted summary judgment to the driver of the vehicle involved in the collision. The pedestrian struck by the car could not remember anything about the accident, which prevented him from creating an issue of fact regarding his movement at the time he was struck. Therefore, the driver's testimony about the pedestrian's movement across the road immediately before he was struck established he did not violate the "assured clear distance ahead" statute under Ohio law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: May 22, 2024, Case #: 2024-Ohio-2061, Categories: evidence, Vehicle, Negligence
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J. Jolivette Brown denies a request by the New Orleans District Attorney to dismiss as vague pattern-and-practice claims that prosecutors and police concealed favorable evidence, resulting in the individual's wrongful conviction for first-degree murder in 1985. The litigant asserts two former U.S. Supreme Court justices observed that concealing exculpatory evidence in New Orleans was routine in the 1980s. However, the Supreme Court and circuit court decisions concerning the New Orleans’ prosecutor’s office did not create a “bright line” as to how many of 51 cases containing Brady violations would be comparable and sufficient to establish a custom of unconstitutional conduct. The individual is given time to amend such deficiencies in his complaint.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 21, 2024, Case #: 2:23cv6897, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Malicious Prosecution, Police Misconduct
J. Lawrence finds defendant waived any argument regarding the prosecution's questioning about previous domestic violence indictments when his attorney failed to object during trial and when he failed to advance any meaningful argument during this appeal. Therefore, his claim regarding the admission of prior acts evidence is meritless and his murder convictions will be upheld. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 21, 2024, Case #: 2023-KA-523, Categories: Criminal Procedure, evidence, Murder
J. Christel denies summary judgment to the company against the customer's complaint alleging that the company's employees racially discriminated against the customer when he tried to enter the company's AM/PM gas station. The evidence shows that one of the employees called the customer, a Black man, "boy" and that she used a racial slur at least eight times, but it is up to a jury to determine if her conduct was racially motivated or if it is because he improperly parked in a loading zone and she directed him to move his vehicle.
Court: USDC Western District of Washington, Judge: Christel, Filed On: May 21, 2024, Case #: 3:23cv5283, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence
J. Dowd finds that the lower court properly found for the dentist in a medical malpractice suit stemming from a wisdom teeth surgery that gave the patient permanent nerve damage. The patient was properly barred from introducing other patients' medical records in order to impeach the doctor's claim that he always documented nerve damage in his post-op reports. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: May 21, 2024, Case #: ED111450, Categories: evidence, Medical Malpractice
J. Christopher finds that the father's parental rights to his child were properly terminated based on sufficient evidence to support the predicate finding as to endangerment. The evidence showed the father failed to seek medical help for the child when he was in medical distress on two occasions. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: May 21, 2024, Case #: 14-24-00125-CV, Categories: evidence, Family Law
J. Myers partially grants a class of habilitation technicians’ motion to conditionally certify collective action after it brought claims against a home care agency for violations of labor laws. The class claims the agency didn’t pay them for overtime hours worked during a three-year period. The agency argues the magistrate judge’s recommendation to certify the class action is wrong because the class has not properly proffered evidence. However, at this stage of litigation, the class’s evidence suffices to proceed.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: May 21, 2024, Case #: 5:23cv462, NOS: Fair Labor Standards Act - Labor, Categories: evidence, Class Action, Labor
J. Bishop finds the trial court properly convicted defendant for two counts of third-degree sexual assault. Defendant, a high school senior, was accused by two female students alleging he inappropriately touched them during rehearsals for the school’s musical. Though defendant claims the contact was accidental, resulting from his losing his balance because of his cerebral palsy, other corroborated testimony involving defendant's frequent speaking of women in a sexual manner supports the convictions. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: May 21, 2024, Case #: A-23-747, Categories: evidence, Sex Offender
J. Zimmerer finds that defendant was properly convicted of capital murder of his son for an incident that occurred after he smoked marijuana and had an argument with his girlfriend. There was sufficient evidence for the jury to reject defendant's insanity defense, and the fact he was voluntarily intoxicated when he committed the offense does not excuse his conduct. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: May 21, 2024, Case #: 14-22-00699-CR, Categories: Competence, evidence, Murder
J. Bloomekatz finds the trial court properly granted GM's motion for summary judgment on the employee's hostile work environment and age discrimination claims. His manager's comments, including calling him an "old motherfucker," occurred only three times over a multiyear period, which is insufficient to establish a pervasive course of conduct. Meanwhile, even though the employee took protected activity, he never specifically complained of age-based discrimination, while his poor performance review was more than one year after his protected complaint, which is insufficient to establish causation. Affirmed.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: May 21, 2024, Case #: 23-1462, Categories: evidence, Employment Discrimination
J. Emfinger finds that while the victim of defendant's assault could not positively identify him as the attacker, the chain of events presented through his testimony and corroborating evidence from other witnesses, including the victim's girlfriend, who watched defendant walk away from the scene of the crime, provided sufficient circumstantial evidence to convict defendant. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: May 21, 2024, Case #: 2023-KA-44, Categories: evidence, Assault, Identification
J. Carlyle finds that the lower court properly entered a divorce decree, naming the mother sole managing conservator of the child and awarding her "a disproportionate share of the marital estate." Contrary to the father's argument on appeal, the lower court did not err in excluding certain evidence under Rule 193.6 or by refusing to consider his affidavits, which were "attached to his motion for ex parte relief." Also, the property division was not an abuse of discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 21, 2024, Case #: 05-22-01296-CV, Categories: evidence, Family Law, Property
J. Holloway finds the trial court properly convicted the defendant of premeditated murder. The defendant alleged the evidence was insufficient, requested a continuance, and claimed a juror was sleeping during the trial. The court upholds the conviction because the evidence supported it, the corut waives continuance and finds nothing about a sleeping juror on the record. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: May 21, 2024, Case #: W2022-01145-CCA-R3-CD, Categories: evidence, Jury, Murder
J. Smith finds the trial court properly granted the father physical custody of the couple's daughter. Evidence in the record showed he had cared for and raised the daughter primarily on his own and, therefore, was best-suited to continue providing care, while the mother previously had another child removed from her custody and failed to show she had stable employment or housing to provide a safe environment. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 21, 2024, Case #: 2022-CA-1150, Categories: evidence, Family Law
J. Wilson finds the lower court's division of the marital assets was based on a proper analysis of all required factors, including the couple's earning capacity, lifestyle and the reasons for their divorce. Therefore, the court properly allocated the possessions in a cabin to the husband, especially considering the wife provided no estimate of the property's value that would have resulted in an unfair distribution of assets. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Wilson, Filed On: May 21, 2024, Case #: 2022-CA-1175, Categories: evidence, Family Law
J. Welch finds the juvenile court properly terminated the father's parental rights. The removal case arose from reports of domestic violence and was initially voluntary. The family received support services, a safety plan and therapy for the children, though the case later became involuntary due to concerns of inappropriate discipline and physical abuse by the father. A child's expressing of a desire to harm himself because of his home environment supports the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 21, 2024, Case #: A-23-821, Categories: evidence, Family Law, Guardianship
J. McClarty finds the trial court improperly denied Ford’s motion for relief of the summary judgment orders in this product liability case brought by a wife after her husband died and child was injured in a car collision. She alleges Ford failed to warn that a seat belt extender used for her child was only intended for a Ford vehicle and not the Nissan Juke. The trial court’s decision is remanded for future proceedings since Ford did not have a legal duty to warn about misuse of the product. Reversed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 20, 2024, Case #: E2023-00889-COA-R9-CV, Categories: evidence, Vehicle, Product Liability
J. Lee partially grants the store's motions in limine in this lawsuit arising from an alleged trip and fall incident involving a drain cover. A photograph of a different drain cover may not be admitted unless the plaintiffs, which include the injured customer and her husband, can show a use for the photograph not addressed in the ruling. Additionally, they may not introduce evidence regarding future medical treatment.
Court: USDC Eastern District of Tennessee , Judge: Lee, Filed On: May 20, 2024, Case #: 1:22cv269, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, Tort
J. Breedlove finds that the lower court improperly granted a permanent injunction prohibiting the appellant from appearing at certain locations, including the appellee's "residence or place of work." The appellee, who was allegedly in a dating relationship with the appellant before filing the petition against her, failed to establish his right to relief through evidence or testimony. Also, the appellant did not agree to the terms of the injunction. Reversed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: May 20, 2024, Case #: 05-23-00628-CV, Categories: Civil Procedure, evidence, Restraining Order
J. Gabriel finds the lower court erroneously granted the ski resort's motion to dismiss the per se negligence claim brought by the family of the quadriplegic. The Ski Safety Act imposes a specific duty on resorts regarding the operation of ski lifts, regardless of any liability waivers signed by patrons; therefore, the allegations that no employee manned the lift involved in the fall are sufficient to allow that claim to proceed. However, because the waiver agreements signed by the father on behalf of himself and his minor daughter expressly listed the risks of ski lift use, they were enforceable and allowed for dismissal of the family's highest duty of care negligence claim. Reversed in part.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: May 20, 2024, Case #: 2024CO30, Categories: evidence, Negligence
J. Erickson finds a lower court properly sentenced a defendant to 36 months in prison for being an alien in possession of a firearm. The defendant argued that the government failed to show that he was unlawfully residing in the U.S. However, the government sufficiently showed in court that the defendant failed to show a duress defense and has not completed a visa application and a request for asylum. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 20, 2024, Case #: 23-2699, Categories: evidence, Firearms, Sentencing
J. Hicks denies summary judgment to a South Louisiana boat manufacturer on the argument a breach of contract suit by a Shanghai, Chinese business alleging it paid more than $490,000 for two vessels it never received should be dismissed as illegal and any recovery to its overseas client would violate U.S. export orders. In a case that a magistrate judge describes as bearing “an undercurrent of international intrigue,” the separate federal criminal conviction in Florida of a Chinese national affiliated with the company for attempting to smuggle six U.S.-made “combat rubber raiding craft” into China does not nullify the Louisiana boat-maker's contractual obligations to the Shanghai business under Louisiana law.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: May 20, 2024, Case #: 6:22cv2038, NOS: Other Contract - Contract, Categories: evidence, Conversion, Contract
J. Rambin affirms the trial court’s denial of a defendant’s request to suppress an amount of methamphetamine found in a pipe as the result of a sheriff deputy’s proper pat-down search during a traffic stop. After the trial court’s denial, defendant was sentenced to 55 years’ imprisonment in accordance with a negotiated plea agreement. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Rambin, Filed On: May 20, 2024, Case #: No. 06-23-00216-CR, Categories: Drug Offender, evidence, Search
J. Fridy finds that the lower court improperly ordered a change in the child's last name, specifically to include a hyphen and the father's surname. The father did not establish that the change would be in the child's best interest. The rest of the judgment is due to be affirmed, however, including the custody determination awarding "the mother and the father joint legal and joint physical custody, rotating physical custody week to week." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: May 17, 2024, Case #: CL-2023-0561, Categories: evidence, Family Law
J. Edwards upholds the obstruction of justice conviction of a former official with HUD's Office of the Inspector General. The government provided sufficient evidence to convict, including his failure to disclose loans he received that revealed conflicts of interest. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: May 17, 2024, Case #: 23-3080 , Categories: evidence, Obstruction